RFP05043 - Seattle Public Schools

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					              Seattle Public Schools
               Contracting Services
            2445 Third Avenue South
                Seattle, WA 98134
            Telephone: (206) 252-0566
               Fax: (206) 252-0505

    Request For Proposal No. RFP05043

Concessionaire Services at Memorial Stadium

            Submittal Deadline:

            Date: July 22, 2010

             Time: 10:00 a.m.

Request for Proposal No. RFP05043                Concessionaire Services at Memorial Stadium

                                      Table of Contents

Proposal Certification Form                                                        Page 3

I.      Introduction                                                               Page 4

II.     Specifications                                                             Page 5

III.    Services                                                                   Page 7

IV.     Permits and Regulations                                                    Page 9

V.      Payments                                                                   Page 10

VI.     Selection Process                                                          Page 10
        A.      Schedule                                                           Page 10
        B.      Method of Selection                                                Page 11
        C.      Notifications                                                      Page 11
        D.      Seattle Public Schools Right to Reject                             Page 11
        E.      Other Requirements                                                 Page 12

VII.    Submittal Requirements                                                     Page 12

VIII.   Contract and Contracting Provisions                                        Page 13

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Request for Proposal No. RFP05043               Concessionaire Services at Memorial Stadium

                  REQUEST FOR PROPOSAL NO. RFP05043

                       PROPOSAL CERTIFICATION FORM

TO: Susan Llewellyn, Contracting Services Manager

The undersigned provider hereby certifies as follows:

1.   That he/she has read the Seattle School District's Request for Proposal No. RFP05043
     and the following Addenda and to the best of his/her knowledge has complied with the
     mandatory requirements stated herein:

       Addenda Number                        Issue Date
       ________________                      ____________
       ________________                      ____________
       ________________                      ____________

2.   That he/she has had the opportunity to ask questions regarding the Request for
     Proposal, and that if such questions have been asked, they have been answered by the

3.   That the proposer’s response is valid for 90 days.

Dated at _______________, this _________________ of _________________ 2010.

________________________________        ________________________________
(Signature)                                 (Title)

________________________________         ________________________________
(Print Name)                                (Email Address)

________________________________         ________________________________
(Company Name)                              (Telephone Number)

________________________________         ________________________________
(Address)                                   (Fax Number)




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Request for Proposal No. RFP05043                     Concessionaire Services at Memorial Stadium

I.    Introduction

The District is seeking a Concessionaire to provide all labor, equipment, materials, and foodstuffs
necessary to provide concession services for activities conducted at the Seattle School District No. 1
(District) High School Memorial Stadium.

It is the District’s intent to select the firm most qualified to provide Concessionaire Services and
obtain the highest possible financial return from Concessionaire Services at Memorial Stadium.

This proposal describes the selection process and documentation required for submitting proposals for
this project. Any firm failing to submit their proposal in accordance with the procedures set forth in
the Request for Proposal may be considered non-responsive.

In the event that it becomes necessary to revise any part of this proposal, addenda will be
provided electronically on the District’s website at:

It is the proposer’s responsibility to regularly check this website for any addenda and to review
and acknowledge all addenda on the Proposal Certification Form (page 3).
Proposals which are incomplete, or which are conditioned in any way, or which contain erasures,
unauthorized alterations, or items not called for in the Proposal Forms, or which are not in conformity
with the law or with these Instructions, shall be rejected as non-responsive if the District determines
the irregularity is material and may, at its discretion, be rejected as non-responsive even if the
irregularity is not material.

Proposals will remain in effect for 90 days after the proposal due date. The District may request an
extension beyond the ninety (90) days.

The selection of the firm for these services will proceed in the following manner:

               Proposals shall be received by the District no later than July 22, 2010 at
                10:00 a.m.

               An evaluation by the Selection Committee will follow, and a short-list of qualified
                firms may be requested to interview.

               The District reserves the right to seek clarifications about the proposals.

               The District may award a contract based solely on the written proposals. However,
                the District may elect to engage in negotiations with a selected short list of Vendors,
                in order to improve the proposals and obtain the best contract(s) for the District. The
                District reserves the right to request post-proposal modifications, including best and
                final offers and considerations.

               The final selection will be based upon the criteria set forth below. The District
                reserves the right to negotiate with finalists and/or the successful firm.

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Request for Proposal No. RFP05043                       Concessionaire Services at Memorial Stadium

The District will select the successful firm based on the best interests of the District, all factors
considered. The District reserves the right to reject any or all proposals, waive informalities,
and make the award in its best interest.

The District also reserves the right to reject any firm that is not willing to accept the District’s
terms and conditions as noted in the sample contract.

All information shall be submitted at the dates and times indicated herein to:

          Susan Llewellyn                                                    Susan Llewellyn
U.S.      Contracting Services Manager              Federal Express:         Contracting Services Mgr.
Mail:     Contracting Services                      United Parcel:           Contracting Services
          Seattle Public Schools                    In-person delivery:      Seattle Public Schools
          MS 22-337                                                          MS 22-337
          PO Box 34165                                                       2445 Third Avenue South
          Seattle, WA 98124-1165                                             Seattle, WA 98134
          Telephone No. (206) 252-0566                                       Fax No. (206) 252-0505

Proposals must be submitted in a sealed package or box with the Request For Proposal Number
RFP05043 with the deadline date and time included on the bottom left-hand corner of the
response, along with the firm’s name and address.

The District assumes no responsibility for delays caused by the U.S. Postal Service or any other
delivery service.

LAST DAY FOR QUESTIONS: July 7, 2010 at 2:00 p.m.

All questions must be submitted in writing by either fax or U. S. Mail and addressed to the above.
The District will consider no telephone inquiries regarding the Request for Proposal, and will
consider no in-person inquiries except in writing via fax or at the interview for those firms
making the short-list.

In the event that a firm attempts to contact any official, employee, or District representative
in any manner contrary to the above requirements, said firm may be disqualified for
further consideration.

This prohibition does not apply to:

         Telephone calls to the District to request copies of this proposal, to confirm attendance,
          or request directions relative to an interview notification received from the District
         Delivery of written questions about the proposal
         Discussion at the interview
         Delivery of the firm’s proposal.

II.       Specifications

          A. General

          Approximately 20 District sponsored events are scheduled at Memorial Stadium each year.

          The Concessionaire shall use the facilities and equipment to serve only events inside
          Memorial Stadium unless otherwise specifically authorized in writing by the District.

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Request for Proposal No. RFP05043                   Concessionaire Services at Memorial Stadium

       The Concessionaire shall sell only foodstuffs. The sale of other types of merchandise is
       prohibited unless otherwise specifically authorized in writing by the District.

       B. Personnel

           1. The Concessionaire shall provide a staff trained to handle and serve food to patrons
              in a courteous, efficient, sanitary manner. Concessionaire shall provide a reasonable
              number of supervisors, employees and agents to serve anticipated crowds.
              Concession employees shall be permitted free admission for the sole purpose of
              rendering service to the Concessionaire. Concessionaire shall provide gate lists of the
              names of individuals prior to the event(s).

           2. The Concessionaire shall provide and require all its employees to possess food
              handler’s permits as required by law and shall submit evidence of compliance with
              all health regulations.

           3. The employees of the Concessionaire shall maintain exemplary conduct throughout
              the course of this Contract. Conduct by any employees not in keeping with District
              standards shall make mandatory the removal of said offending person and/or persons
              from the premises. The decision of the District representative regarding the removal
              of an offending person and/or persons shall be final. The Concessionaire shall be
              bound by said decision and shall be required to take immediate action.

           4. The District will not be responsible for the personal security and/or safety of the
              Concessionaire, his employees or equipment during the course of this agreement.

       C. Uniforms

           1. The Concessionaire shall provide distinctive uniforms, with design approved by the
              District, for all employees performing services at Memorial Stadium.

           2. Each uniform shall have a separate identification number on a permanent type badge
              for identification of each employee.

           3. Uniforms shall be maintained and laundered by the Concessionaire at no cost to the

       D. Fixtures and Equipment

               School District Facilities

           1. The Concessionaire shall have the use of the District’s fixtures and equipment in the
              concession areas.

           2. The Concessionaire shall be responsible for any damage to the building or equipment
              caused by its officers, employees or agents.

           3. The District will promptly remove any existing equipment which is mutually
              determined to be unsafe or inoperable. Proposers shall develop their food service
              programs to utilize existing equipment whenever possible.

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Request for Proposal No. RFP05043                       Concessionaire Services at Memorial Stadium

           4. No repairs or alterations to wiring, plumbing, equipment or parts of buildings or
              grounds shall be made by the Concessionaire, except with the written permission of
              the District.

           5. The District will furnish to Concessionaire electric current and water required for the
              Concessionaire’s operation on the site without cost to the Concessionaire. The
              District will not be liable for spoilage of perishable food should it occur as a result of
              a power interruption, leakage or other mechanical or utility failure, or circumstances
              beyond the control of the District.

           6. A key to concession areas only will be issued; access keys which would permit entry
              into the Stadium will not be issued.

                  Concessionaire’s Equipment

               1. The Concessionaire shall provide and install all equipment as necessary to perform
                  services under this agreement. Equipment shall include but not be limited to: pots,
                  pans, coffee makers, hotplates, dishes, hot dog warmers, counters, portable stands,
                  refrigerators, ice machines, freezers, etc. The quantity of equipment shall be
                  adequate to serve the demands of the customers in a first class manner.

               2. All equipment furnished by the Concessionaire shall conform to Washington
                  Department of Health Rules and Regulations.

               3. All of the Concessionaire’s equipment shall remain the property of the

               4. Location of portable vending stands, or other equipment outside of the designated
                  concession areas, shall be subject to the approval of the District.

               5. The Concessionaire shall post menu signs displaying the prices of products offered
                  for sale. All signs shall be placed in a well-lighted location and shall be legible to
                  patrons. Signs shall be approved by the District in advance of placement.

               6. Prices are subject to the approval of the District.

III.   Services

        A. Events Requiring Services

               1. This contract only grants rights for concession services for high school events or
                  other school activities sponsored by the District or its representative.

               2. This contract does not provide concession rights for Stadium rental users, as such
                  users shall have first right to the provision and sale of food concessions for their
                  own events.

               3. District shall notify the Concessionaire at least five (5) days prior to any event which
                  requires his/her services and as a courtesy will provide the Concessionaire with an
                  estimate of the anticipated crowd. The District shall assume no responsibility for the
                  estimate provided.

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Request for Proposal No. RFP05043                      Concessionaire Services at Memorial Stadium

               4. The Concessionaire shall be prepared at least one hour prior to the scheduled event
                  to vend the approved food and beverages and to remain open until the event has

        B. Advertising

               1. Vendor must state in writing what procedure will be taken to promote Stadium
                  events (see Submittal Requirements, page 12).

               2. The Concessionaire shall take all necessary steps to further the sale of food and
                  beverages. However, the Concessionaire shall be prohibited from using or
                  permitting product names on signs, trays advertising, etc., without the express
                  approval of the District. Any advertising authorized shall be limited to display
                  within the confines of the concession stands.

               3. The Concessionaire shall serve those products which may be advertised on the
                  Stadium scoreboard. There shall be no conflict of food or beverage products served
                  relative to those products which may be advertised on the scoreboard.

               4. In the event there are no scoreboard advertisements relative to possible concession
                   products, such as food and beverage products, the Concessionaire is free to provide
                   products of his/her choosing, subject to District approval.

               5. The Concessionaire shall establish an escape clause in contracts for the provision of
                  beverage and food supplies, in the event the District obtains related advertisers for
                  the Stadium Scoreboard. The District agrees to not require an abrupt escape from
                  food or beverage suppliers to the Concessionaire; however, such escape shall not be
                  unreasonably withheld or delayed.

               6. Escape clauses with food and beverage suppliers can permit continuing to serve a
                  particular product until the conclusion of the current sports season, as established by
                  the District, at which time product (s) shall be changed to be commensurate with
                  scoreboard advertising.

        C. Supplies

               The Concessionaire agrees to provide adequate supplies, food and beverages at all times
               and to make adequate and timely distribution thereof at the events. The Concessionaire
               shall permit no items to be purchased in the name of or on the credit of the District.

        D. Menu

               1. The menu of food and beverages to be sold and prices to be charged shall be subject
                  to the approval of the District prior to an event.

               2. The menu shall include, but not be limited to: fresh hot coffee, tea, hot dogs, cold
                  non-alcoholic beverages, candy, hot chocolate, popcorn, peanuts, ice cream,
                  cookies, potato chips (various assortments), and hot cheese nachos.

               3. Alcoholic beverages will not be permitted in Memorial Stadium.

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Request for Proposal No. RFP05043                     Concessionaire Services at Memorial Stadium

               4. Food quality, storage, preparation and service shall conform to Washington State
                  Department of Health requirements. Enforcement and interpretation shall be by the
                  health authorities in consultation with the District.

               5. Vending throughout the spectator stands of commodities to be offered at specific
                  events. The District Athletic Office will designate the events at which vending in the
                  spectator stands is to be offered.

               6. Special Events: Requested menu changes; e.g. fruit, juices, muffins, etc., shall be
                  submitted to the Concessionaire by the Athletic Department 45 days prior to the
                  event. Availability and pricing must be returned to and authorized by the District
                  Athletic Office no later than 10 days prior to the event. The menu must be in place
                  prior to the event.

        E. Sanitation

               1. The Concessionaire shall keep his/her concession stands clean and orderly and in a
                  sanitary condition. The Concessionaire shall be responsible for removing all food
                  particles, spillage and wastes, and shall remove from the Stadium after each event
                  all food that cannot be stores in a safe and sanitary manner.

               2. The Concessionaire shall remove all portable equipment from the concourses of the
                  Stadium at the conclusion of each event.

               3. The District shall be responsible for cleanup of the concourses and seating areas of
                  the Stadium, due to patrons.

               4. The District shall be responsible for cleanup, removal, and disposal of all cartons
                  and packaging materials.

IV.   Permits and Regulations

        A. Permits

               The Concessionaire shall obtain all necessary permits, licenses and authorizations
               required by law to perform the services specified.

        B. Taxes

               The Concessionaire shall pay all taxes arising from licenses or connected with the sale
               of products under this agreement.

        C. Responsibilities

               Concessionaire shall be solely responsible for accidents and injuries to all persons or
               property caused by negligent act or omission or those of its agents or employees, and the
               Concessionaire shall save the District harmless and shall indemnify it against any loss,
               expense, attorney’s fees, or other costs incurred in the defense of any action instituted
               therefore or damage arising out of any claim as the result thereof. Concessionaire shall
               assume entire risk for loss of or damage to his property, supplies or inventory of
               merchandise located on the premises of the Stadium.

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Request for Proposal No. RFP05043                     Concessionaire Services at Memorial Stadium

V.    Payments

         A. Payment to Employees

                Concessionaire shall agree to pay promptly when due, all wages accruing to its
                employees and commissions to its vendors, and shall not permit the same to become a
                charge against the District.

         B. Payment to District and Accounting

            The Concessionaire shall share with the District a percentage of the gross revenue (before
            taxes) from sales. Payments shall be made to the District on or before the tenth of each
            month for the sales of the previous month. Payment shall be sent to the Athletic Office.
            Failure to comply with this timeline will result in the taxation of interest charges at the
            rate of 5%. All state and local taxes must be paid by the Concessionaire.

            The Concessionaire shall use such accounting methods as, in the opinion of the District,
            fully disclose said gross revenue and shall report gross revenue by use of financial and
            inventory forms approved by the District. Revenue tallying machines with tape must
            be used which include the date and uninterrupted sequence to be submitted to the
            District’s representative at the end of each day’s activity.

            The Concessionaire shall provide a certified annual operating statement prepared by an
            independent public accountant, and the District shall have the right to designate an
            auditor or auditors to check inventories, sales, and receipts of the Concessionaire at each
            event, together with the Concessionaire’s books, accounts, invoices, and other

VI.    Selection Process

       A.         Schedule

      Date                                               Selection Process
      June 24, 2010            Advertisement for Request for Proposal Published (First Notice)
      July 1, 2010             Advertisement for Request for Proposal Published (Second Notice)
      July 7, 2010             Last day for vendor questions at 2:00 p.m.
      July 22, 2010            Request for Proposal due at 10:00 a.m.
      July 26 – August 2,      Initial Screening (anticipated)
      August 2010              Notification to successful firm (anticipated)

      September 2010           Work begins

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Request for Proposal No. RFP05043                      Concessionaire Services at Memorial Stadium

       B. Method of Selection

           1. An initial screening of the proposals will be conducted based on the criteria set
           forth below.

           2. The District reserves the right to select a single vendor for award of a contract based
           solely on the written proposals, and not to enter into any further discussions or

           3. The District reserves the option to meet with two or more Vendors and conduct
           negotiations based on the proposals in order to select the best proposal(s), all factors
           considered. As part of such negotiations, the District may require key personnel to be
           assigned to the contract to be present, and to discuss the firm’s approach to management
           of the project based on their understanding of the contract for policy process and
           procedure definitions.

           4. The District Selection Committee will evaluate the proposals using the following

                1. Percentage of gross revenue to be paid to the School District. 40 points

                2. Proposer’s past experience in the food and beverage concession business.
                   15 points

                3. Documentation showing that proposer maintains a permanent place of business.
                   5 points

                4. Proposer’s sample menu (specifications) and prices as listed in Form of Proposal.
                   10 points

                5. Promotional event advertisement procedures and sample. 5 points

                6. Creative menus. 5 points

                7. Willingness to accept the District’s General Terms and Conditions. 10 points

                8. References. 10 points

       C. Notifications

                  The District will provide timely notifications of the following actions to firms
                  responding to the Request for Proposal upon selection of recommended firm.

       D. Seattle Schools Rights to Reject

                  The District reserves the right to reject any and all proposals and readvertise the
                  project at any time prior to final approval of the recommended firm and the
                  negotiated agreement. All costs incurred in the preparation of the Request for
                  Proposal process shall be borne by the proposing firm. Proposals submitted in
                  response to this Request for Proposal shall become the property of the District and
                  be considered public documents under applicable Washington State laws.

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Request for Proposal No. RFP05043                   Concessionaire Services at Memorial Stadium

       E. Other Requirements

                Any proposal received after the time specified will not be considered.
                Modification of proposals after the deadline for submission will not be allowed,
                except through the optional negotiation process described above. Any firm failing
                to submit information in accordance with the procedures set forth herein may be
                considered nonresponsive at the District’s discretion.

VII.   Submittal Requirements

       An original, plus four (4) copies of the proposal in its entirety must be received. The original
       document must be stamped or noted as “ORIGINAL”.

       Proposers may submit more than one proposal. However, at least one of the proposals must be
       complete and comply with all stated instructions. The additional proposals may be in abbreviated
       form following the same format, but providing only that information which differs in any way from
       that contained in the complete proposal. Proposers must submit one original and four (4) copies of all
       responses to this RFP.

       Proposers are advised that the District’s ability to conduct a thorough evaluation of proposals is
       dependent on the proposer’s ability and willingness to submit proposals that are well ordered,
       detailed, comprehensive, and readable. Clarity of language and adequate, accessible documentation
       are essential, and are the responsibility of the proposer.

       Proposers are responsible for errors and omissions in their proposals, and any such errors and
       omissions will not serve to diminish their obligations to the District.

       Proposals must include:

       1. Name of firm. Include a brief description of the company’s history.

       2. Signed proposal certification form (page 3 of this RFP). The name and title, contact address, fax
       number and phone number of the person submitting the proposal must be shown.

       3. Name of the manager who will be actively involved in the Concessionaire contract. Describe in
       detail his/her experience and qualifications for providing these services.

       4. A complete record of the proposer’s past experience in the food and beverage concession

       5. Documentation showing that the proposer maintains a permanent place of business.

       6. Proposer’s required sample menu and prices (Attachment 1).

       7. Promotional event advertisement procedures and sample.

       8. Creative menus (Attachment 2).

       9. A listing of the specific items of equipment and number of each to be supplied (Attachment 3).

       10. Percentage of gross revenue to be paid to the District (Attachment 4).

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Request for Proposal No. RFP05043                     Concessionaire Services at Memorial Stadium

        11. At least 3 professional references from existing or former clients (Attachment 5).

        12. Willingness to accept the District’s General Terms and Conditions. (Please refer to Attachment 6,
        Sample Contract.)

        The District reserves the right to obtain clarification of any point in a proposer’s submittal or to
        obtain additional information necessary to properly evaluate a proposal. Failure of a proposer
        to respond to such a request for additional information or clarification may result in rejection
        of the proposal.

        Proposers may withdraw their proposal in person or in writing, provided that the request is received
        by the District prior to the scheduled closing time for submitting proposals. The District reserves the
        right to reject any and all proposals at any time with no penalty and to waive immaterial defects and
        minor irregularities in proposals prior to the execution of a contract.

        All materials submitted in response to this RFP become the property of the District upon delivery to
        the Contracting Services Office.

        The RFP and the proposer’s response, including all promises, warranties, commitments, and
        representations, shall be binding and incorporated by reference in the District’s contract with the
        successful proposer.

VIII.   Contract and Contract Provisions

        A.      Contract Term

                The successful firm will be required to sign a contract with the District detailing the
                specific terms and conditions significantly similar to the attached sample contract
                (Attachment 6) regarding each party’s responsibilities.

                The District reserves the right to reject any firm not willing to accept the
                District’s terms and conditions.

                The contract term shall be in effect for one year, from September 1, 2010 through
                August 31, 2011. Subject to satisfactory annual evaluation of the Concessionaire by
                the District, this contract may, with mutual agreement of both parties, be extended
                under the same terms and conditions for a period of one (1) additional year, and shall
                be in effect for each year thereafter for a total period not to exceed two (2) additional
                years. The District reserves the right to terminate the contract with thirty (30) days’
                written notice.

                If the contracted firm decides not to renew the contract, the firm shall notify the
                District in writing at least ninety (90) days prior to the contract expiration date.

        B.      Protest Procedures

                1. Any actual or prospective Vendor who is aggrieved in connection with the
                solicitation or award of this contract may protest to the District in accordance with
                the procedures set forth herein. Protests based on the terms in this Request for

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Request for Proposal No. RFP05043                     Concessionaire Services at Memorial Stadium

                Proposal, which are apparent prior to the date established for submitting the
                proposal must be received seven (7) days prior to the submittal deadline. Protests
                based on other events must be received within three (3) working days after the
                aggrieved person knows, or should have known, of the facts and circumstances
                upon which the protest is based; provided, however, that in no event shall a protest
                be considered if all proposals are rejected or if the protest is received after the
                award for this contract.

                2. In order to be considered, a protest shall be in writing and shall include: the
                name and address of the aggrieved person; the contract title under which the protest
                is submitted; a detailed description of the specific grounds for protest and any
                supporting documentation; and the specific ruling or relief requested. The written
                protest shall be addressed and delivered to:

                                 Bob Westgard
                                 Seattle School District No.1
                                 2445 3rd Avenue South
                                 P.O. Box 34165
                                 Seattle, WA 98124

                        And shall be labeled: “Protest”

                3. Upon receipt of a written protest, the District shall promptly consider the
                protest. The District may give notice of the protest and its basis to other persons,
                including Vendors involved in or affected by the protest; such other persons may
                be given an opportunity to submit their views and relevant information. If the
                protest is not resolved by mutual agreement of the aggrieved person and the
                District, the District will promptly issue a decision in writing stating the reasons for
                the action taken. A copy of the decision shall be mailed by certified mail, return
                receipt requested, or otherwise promptly furnished to the aggrieved person and any
                other interested parties. The District’s decision may be appealed to the
                Superintendent by written notice together with all supportive evidence, received at
                the address set forth in paragraph 2, not more than two (2) working days after
                receipt of the decision. The Superintendent’s decision shall be final and

                4. Strict compliance with the protest procedures set forth herein is essential in
                furtherance of the public interest. Any aggrieved party that fails to comply strictly
                with these protest procedures is deemed, by such failure, to have waived and
                relinquished forever any right or claim with respect to alleged irregularities in
                connection with the solicitation or award. No person or party may pursue any
                action in court challenging the solicitation or award of this contract without first
                exhausting the administrative procedures specified herein and receiving the
                District’s final decision.

                5. Any Vendor submitting a proposal shall be deemed to have accepted these

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Request for Proposal No. RFP05043                Concessionaire Services at Memorial Stadium

                        END OF REQUEST FOR PROPOSAL


Attachment 1, Required Menu Proposal Page
Attachment 2, Creative Menu Proposal Page
Attachment 3, Concessionaire Equipment Listing
Attachment 4, Percentage of Gross Revenue
Attachment 5, References
Attachment 6, Sample Contract

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